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I can find more than enough things to point out that would question his credibility that are on the record.
Yeah, but that DATE of the application is really the key because then everything that came after is meaningless, and it doesn't matter anymore. That means that at a minimum you couldn't have missed on the 6th, 7th and been fired on the 10th.
It means that you were fired, thought you were fired, or quit on the 5th, and that story told by the employer can't possibly be true, and the conclusion that you were nocall/noshow for three days is just plain wrong on it's face.
It also means that the decision needs to be reversed because there was no evidence of misconduct presented prior to or on the 5th, OR a new hearing needs to be conducted focusing only on the events on the 5th or prior to the 5th.
It's a simple thing, easy to read, and the board of review will understand it. Just go with it.
And does him not signing where it says he will be truthful on the appeal form mean anything
No, in his mind, he thinks he was being truthful. You truly were not there on the 6th and 7th, and the 5th is debatable, and maybe he did remove you from the payroll system on the 10th.
Look, he's allowed to present his story in the way that benefits him. Just like we have claimants here that probably quit, but we tell them how to present things so it looks like they were fired.
Unfortunately, you didn't get any help, or I'd have thought of this stuff and told you what to do at your hearing.
K I am going to work on writing something up. Would it be of any help to have an attorney submit it for me? Would they give it more consideration? I'm just worried about the application not being part of the record.
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